DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 27, 2026 has been entered.
Status of the Claims
As directed by the amendment received on January 27, 2026, claims 1, 5-6, 17-19 have been amended, and claims 2-3 and 7 have been canceled. Accordingly, claims 1, 4-6, and 8-20 are currently pending in this application.
Response to Amendment
The amendments filed with the written response received on January 27, 2026, have been considered and an action on the merits follows. Any objections and rejections previously put forth in the Office Action dated October 27, 2025, are hereby withdrawn unless specifically noted below.
Specification – Disclosure
The disclosure is objected to because it contains an embedded hyperlink and/or other form of browser-executable code at [07]. Applicant is required to delete the embedded hyperlink and/or other form of browser-executable code; references to websites should be limited to the top-level domain name without any prefix such as http:// or other browser-executable code. See MPEP § 608.01.
It is suggested that the sentence “See also the website of SEYNTEX® NV (BE); see SEYNTEX.com.” be removed from the specification, as it is unclear if Applicant is attempting to improperly incorporate some disclosure by reference. If Applicant intends to include reference to a particular webpage, it is suggested that the particular webpage be properly cited on an IDS as non-patent literature.
Claim Objections
Claim 1 is objected to because of the following informalities:
At line 10, “a bottom edge” should read “a bottom end”
At line 12, “a tope edge” should read “a top end”
At line 13, “the left- and the right side” should read “the left side and the right side”
At line 14, “a wearer” should read “the wearer”
Claim 17 is objected to because at line 4, “the bottom edge” should read “the bottom end”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4-6, and 8-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the apparent abbreviation “CBRN” at line 1. Although the abbreviation appears to be defined in the written description of the specification, the abbreviation should be fully defined at its first appearance in the claims to avoid issues of clarity. For example, the abbreviation could be mistaken to refer to some term other than the one provided in the written disclosure. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. Based on Applicant’s disclosure, it is suggested that the limitation “CBRN” at line 1 instead read “chemical, biological, radiological, nuclear (CBRN)”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art. Claims 18 and 19 each recite the same abbreviation at respective lines 1 and should be similarly changed. Only for the first appearance of the acronym in each independent claim is required to be changed as suggested above.
Claims 4-6, 8-17, and 20 are also rejected for being dependent on a reject claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 19, as best can be understood, is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2017/0120083 to Pratt (hereinafter, “Pratt”).
Regarding claim 19, Pratt teaches a CBRN coat (See Pratt, Figs. 1-2 and 4; abstract; protective garment can be jacket/coat capable of providing at least some protection from chemical, biological, radiological, and nuclear substances) comprising: two sleeves, at least one chest section, and a hood (See Pratt, Figs. 1-2 and 4; jacket has sleeves (320), chest section (310), and hood (110); Examiner notes that the term "section" is very broad and merely means "one of several components; a piece" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)), wherein said coat comprises a face-cover connected to the at least one chest section, said face-cover defining an uninterrupted circumference of an opening for receiving a gasmask extending partially through said opening (See Pratt, Figs. 1-2 and 4; face-cover (132, 134) defining port/opening (136) having an uninterrupted circumference), said coat further comprising a zipper connecting the hood to the face-cover (See Pratt, Figs. 1-2 and 4; fasteners (150a, b) can be zippers and at least partially connect the hood (110) to the face-cover (132, 134) at least at interface point (160)), the hood and face-cover forming a head covering which is configured to encapsulate a head of a wearer when wearing said coat (See Prat, Figs. 1-2 and 4; hood (110) and face-cover (132, 134) form a head covering that is capable of encapsulating a head of a hypothetical wearer when the jacket and hood are worn), wherein the zipper connecting the hood to the face-cover has a first terminal end and a second terminal end, each of the first terminal end and the second terminal end configured to be positioned below a clavicle of the wearer when wearing said coat (See Pratt, Figs. 1-2 and 4; zippered fastener (150a, b) include a first terminal end at a bottom of the jacket and a second terminal end at interface point (160), both terminal ends capable of being positioned below a hypothetical clavicle of a hypothetical wearer when the jacket is worn; Examiner notes that interface point (160) is depicted as being positioned below at least a portion of the shoulder line of the wearer in Fig. 2), wherein the second terminal end is positioned closer to the face-cover than the first terminal end (See Pratt, Figs. 1-2 and 4; interface point (160) is positioned closer to face-cover (132, 134) than first terminal end at bottom of the jacket), the second terminal end located in the at least one chest section between a waistline of the coat and the clavicle of the wearer when wearing said coat (See annotated Fig. 2 of Pratt below; interface point (160) is located at a meeting point of the hood, face-cover, and chest section capable of being between a waistline of the coat and a hypothetical clavicle of a hypothetical wearer).
PNG
media_image1.png
427
500
media_image1.png
Greyscale
Annotated Fig. 2 of Pratt
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4-6, 8-9, and 12-17, as best can be understood, are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/047789 to Gerhart et al. (hereinafter, “Gerhart”) in view of USPN 3,185,149 to Rentsch (hereinafter, “Rentsch”).
Regarding claim 1, Gerhart teaches a CBRN coat (See Gerhart, Figs. 1-8B; CBRN coat (11); [0002], [0008]) comprising: two sleeves, at least one chest section, and a hood (See annotated Fig. 7 of Gerhart below; coat (11) includes two sleeves, chest sections, and hood (1); Examiner notes that the term "section" is very broad and merely means "one of several components; a piece" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)), wherein said coat comprises a face-cover connected to the at least one chest section, said face-cover defining an uninterrupted circumference of an opening for receiving a gasmask extending partially through said opening (See Gerhart, Figs. 1 and annotated Fig. 7 of Gerhart below; face covering connected to chest section and hood (1), the face covering comprising opening (2b) having uninterrupted circumference as depicted in Fig. 5A, i.e. solid, uninterrupted lines forming opening; opening (2b) is capable of receiving a gasmask through the opening (2b)), said coat further comprising a zipper connecting the hood to the face-cover, the hood and the face-cover forming a head covering which is configured to encapsulate a head of a wearer when wearing said coat (See Gerhart, Fig. 5A and annotated Fig. 7 of Gerhart below; zipper (10) at least partially connects hood and face cover thereby forming a head covering capable of encapsulating a head of a hypothetical wearer), wherein a bottom edge of said zipper is positioned in one of the at least one chest section at one of a left side and a right side of the coat (See annotated Fig. 7 of Gerhart below; bottom edge of zipper (10) is positioned in and passes through at least one chest section).
PNG
media_image2.png
580
741
media_image2.png
Greyscale
Annotated Fig. 7 of Gerhart
That said, Gerhart is silent to said zipper configured to follow a closing path which passes along an edge of the hood over the head of the wearer to a top edge of the zipper positioned in the chest section at the other one of the left- and the right side of the coat between a waistline of the coat and a clavicle of a wearer when wearing said coat.
However, Rentsch, in a related protective garment art, is directed to protective suit garment having a zippered opening (See Rentsch, Figs. 1-3). More specifically, Rentsch teaches said zipper configured to follow a closing path which passes along an edge of the hood over the head of the wearer to a top edge of the zipper positioned in the chest section at the other one of the left- and the right side of the coat between a waistline of the coat and a clavicle of a wearer when wearing said coat (See Rentsch, Figs. 1-3; zipper (14) is capable of following a closing path that extends from the chest and neck area, up along an edge of the hood, over and around the head portion of the hood, and back down the right side to a junction of the neck and right shoulder of the garment, i.e., the chest section; Col. 2, lines 59-68; Examiner notes that although the end point is not explicitly illustrated in the drawings, the written description teaches the zipper ending at a junction of the neck and right shoulder of the garment, i.e., a chest section; Examiner also notes that chest section is not recited as being necessarily limited to a front of the garment).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to extend the zippered opening of Gerhart up around the edge of the hood and face cover and back down to the shoulder and chest section of the coat of Gerhart for a variety of reasons including for example, but not limited to, providing easier access to don the garment and/or permitting the wearer to wear the garment with an open hood, even with a hypothetical gasmask present, as desired by the wearer (See Rentsch, Col. 2, lines 59-68).
Regarding claim 4, the modified CBRN coat of Gerhart (i.e., Gerhart in view of Rentsch, as discussed with respect to claim 1 above) further teaches wherein the at least one chest section comprises a left chest section and a right chest section connectable to each other by said zipper (See annotated Fig. 7 of Gerhart above; left and right chest sections are connectable by zipper (10); [0177]).
Regarding claim 5, the modified CBRN coat of Gerhart (i.e., Gerhart in view of Rentsch, as discussed with respect to claims 1 and 4 above) further teaches said coat comprises a left belly section and a right belly section connectable to each other by said zipper (See annotated Fig. 7 of Gerhart above; left and right belly sections are connectable by zipper (10); [0177]).
Regarding claim 6, the modified CBRN coat of Gerhart (i.e., Gerhart in view of Rentsch, as discussed with respect to claim 1 above) further teaches wherein the zipper is configured to follow a closing path from the at least one chest section obliquely towards a first of a left shoulder or a right shoulder of the coat up to a connection point of the hood to the at least one chest-section (See Gerhart, Figs. 5A and annotated Fig. 7 of Gerhart above; zipper (10) is capable of following a closing path from one of the chest sections obliquely toward a shoulder of the coat and up to a connection point of the hood to the chest section on the face cover).
Regarding claim 8, the modified CBRN coat of Gerhart (i.e., Gerhart in view of Rentsch, as discussed with respect to claim 1 above) further teaches wherein said zipper is present in a front half of the head covering provided by the face-cover and the hood (See Gerhart, Fig. 5A; zipper (10) is present on the front of the hood and face cover which together form the head covering).
Regarding claim 9, the modified CBRN coat of Gerhart (i.e., Gerhart in view of Rentsch, as discussed with respect to claim 1 above) further teaches wherein said zipper is covered at an outer side of the zipper by at least a first flap (See Gerhart, Figs. 5A and 7; zipper (10) is covered on an outer side by at least an overpassing flap; [0179]-[0180]).
Regarding claim 12, the modified CBRN coat of Gerhart (i.e., Gerhart in view of Rentsch, as discussed with respect to claim 1 above) further teaches wherein the zipper is provided at an inner side of the zipper with a covering strip of material, the covering strip provided as a layered strip comprising a hydrophobic and/or oleophobic outer layer configured to contact the inner side of the zipper (See Gerhart, Figs. 5A and 7; zipper (10) is covered on an inner side by at least an underpassing flap formed from textile body material (2a) which includes an outer layer (2c) with a hydrophobic and/or oleophobic finish; [0147], [0179]-[0180]).
Regarding claim 13, the modified CBRN coat of Gerhart (i.e., Gerhart in view of Rentsch, as discussed with respect to claim 1 above) further teaches wherein the zipper is provided at an inner side of the zipper with a covering strip of material, the covering strip provided as a layered strip comprising an intermediate layer comprising activated carbon, wherein the intermediate layer is free of contact with the zipper (See Gerhart, Figs. 5A and 7; zipper (10) is covered on an inner side by at least an underpassing flap formed from textile body material (2a) which includes an inner layer (2d) positioned intermediate layer (2c) and a wearer, layer (2d) comprising activated charcoal and being spaced from the zipper (10) by outer layer (2c); [0159], [0179]-[0180]).
Regarding claim 14, the modified CBRN coat of Gerhart (i.e., Gerhart in view of Rentsch, as discussed with respect to claim 1 above) further teaches wherein the coat comprises a layered textile material, and wherein the zipper is provided at an inner side of the zipper with a covering strip, wherein a material of said covering strip is identical to the layered textile material (See Gerhart, Figs. 5A and 7; zipper (10) is covered on an inner side by at least an underpassing flap formed from textile body material (2a); coat body, hood, and flap are made from the same textile body material (2a); [0179]-[0180]).
Regarding claim 15, the modified CBRN coat of Gerhart (i.e., Gerhart in view of Rentsch, as discussed with respect to claim 1 above) further teaches wherein the uninterrupted circumference of the opening in the face-cover has elastic properties (See Gerhart, Fig. 5A; circumference of uninterrupted opening (2b) includes elastic sealing element (4); [0120]).
Regarding claim 16, the modified CBRN coat of Gerhart (i.e., Gerhart in view of Rentsch, as discussed with respect to claim 1 above) further teaches a CBRN suit comprising the CBRN coat according to claim 1 (See Gerhart, Fig. 7; CBRN coat as discussed with respect to claim 1 above can be part of an entire protective CBRN suit; [0044], [0198]).
Regarding claim 17, the modified CBRN coat of Gerhart (i.e., Gerhart in view of Rentsch, as discussed with respect to claim 1 above) further teaches wherein said CBRN coat is a CBRN jacket, the at least one chest section comprising two chest sections, the zipper providing a connection between the two chest sections (See annotated Fig. 7 of Gerhart above; coat is a jacket having two chest sections connected by zipper (10)), the bottom edge being provided at a bottom of a closure between the two chest sections (See Gerhart, Fig. 5A and annotated Fig. 7 of Gerhart above; zipper (10) includes a bottom edge ending point at a bottom of the garment between closure of chest sections).
Claims 10-11, as best can be understood, are rejected under 35 U.S.C. 103 as being unpatentable over Gerhart in view of Rentsch, as applied to claims 1 and 9 above, and further in view of US 2007/0017008 to Snedeker et al. (hereinafter, “Snedeker”).
Regarding claim 10, the modified CBRN coat of Gerhart (i.e., Gerhart in view of Rentsch, as discussed with respect to claims 1 and 9 above) is silent to wherein said zipper is covered at the outer side of the zipper by at least a second flap extending partially or completely over the first flap.
However, Snedeker, in a related protective garment art, is directed to a two-piece protective suit, including a coat, for use in hazardous environments (See Snedeker, Figs. 1-2; abstract). More specifically, Snedeker teaches wherein said zipper is covered at the outer side of the zipper by at least a second flap extending partially or completely over the first flap (See Snedeker, Figs. 1-2; front panel (50) includes outer flaps (58, 77) covering zipper (55, 76), the outer flaps capable of overlapping and securing to one another via hook and loop fasteners; [0049]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to include the two overlapping flap construction disclosed by Snedeker in order to cover the outer side of the zippered opening of the modified CBRN coat of Gerhart in order to help prevent the passage of hazardous materials into the front of the coat (See Snedeker, [0049]).
Regarding claim 11, the modified CBRN coat of Gerhart (i.e., Gerhart in view of Rentsch and Snedeker, as applied to claims 1 and 9-10 above) further teaches wherein a material of the second flap is identical to a textile material from which the hood of the coat is made (See Gerhart, Figs. 1-8B; coat body, hood, and flap are made from the same textile body material (2a); [0179]-[0180]).
Claim 18, as best can be understood, is rejected under 35 U.S.C. 103 as being unpatentable over Gerhart, in view of Rentsch, and in view of EP 3,131,643 to Froitzhem et al. (hereinafter, “Froitzhem”).
Regarding claim 18, Gerhart teaches a CBRN coat (See Gerhart, Figs. 1-8B; CBRN coat (11); [0002], [0008]) comprising: two sleeves, at least one chest section, and a hood (See annotated Fig. 7 of Gerhart above; coat (11) includes two sleeves, chest sections, and hood (1); Examiner notes that the term "section" is very broad and merely means "one of several components; a piece" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)), wherein said coat comprises a face-cover connected to the at least one chest section, said face-cover defining an uninterrupted circumference of an opening for receiving a gasmask extending partially through said opening (See Gerhart, Figs. 1 and annotated Fig. 7 of Gerhart above; face covering connected to chest section and hood (1), the face covering comprising opening (2b) having uninterrupted circumference as depicted in Fig. 5A, i.e. solid, uninterrupted lines forming opening; opening (2b) is capable of receiving a gasmask through the opening (2b)), said coat further comprising a zipper connecting the hood to the face-cover, the hood and face-cover forming a head covering which is configured to encapsulate a head of a wearer when wearing said coat (See Gerhart, Fig. 5A and annotated Fig. 7 of Gerhart below; zipper (10) at least partially connects hood and face cover thereby forming a head covering capable of encapsulating a head of a hypothetical wearer).
That said, Gerhart is silent to the zipper extending from below the face-cover to above the face-cover.
However, Rentsch, in a related protective garment art, is directed to protective suit garment having a zippered opening (See Rentsch, Figs. 1-3). More specifically, Rentsch teaches the zipper extending from below the face-cover to above the face-cover (See Rentsch, Figs. 1-3; zipper (14) extends from the chest and neck area, up along an edge of the hood, over and around the head portion of the hood above the face-cover, and back down the right side to a junction of the neck and right shoulder of the garment, i.e., the chest section; Col. 2, lines 59-68).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to extend the zippered opening of Gerhart up around the edge of the hood and face cover and back down to the shoulder and chest section of the coat of Gerhart for a variety of reasons including for example, but not limited to, providing easier access to don the garment and/or permitting the wearer to wear the garment with an open hood, even with a hypothetical gasmask present, as desired by the wearer (See Rentsch, Col. 2, lines 59-68).
That said, the modified CBRN coat of Gerhart (i.e., Gerhart in view of Rentsch, as discussed above) is silent to wherein a width of the face-cover defined between the opening and the zipper is in a range of 10 to 20 cm.
However, Froitzhem, in a related CBRN protective suit art, is directed to a balaclava head covering for a CBRN protective suit (See Froitzhem, Figs. 1-4; abstract). More specifically, Froitzhem teaches wherein a width of the face-cover is in a range of 10 to 20 cm (See Froitzhem, Fig. 3; face cover (18) houses sealing elements (13) which can have a width of 10 cm).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to replace the face covering of the modified CBRN coat of Gerhart with the face covering housing the sealing elements disclosed by Froitzhem for a variety of reasons including for example, but not limited to, providing a gas tight seal with an additional gasmask (See Froitzhem, abstract). As a result of the above modification, the modified CBRN coat of Gerhart (i.e., Gerhart in view of Rentsch and Froitzhem, as discussed above) would further teach the 10 cm thickness, i.e., the width, of the face cover being defined between the opening and the zipper (10 cm wide face cover (18) of Froitzhem as applied to Gerhart would be positioned between opening and zipper end of Gerhart in the modified CBRN coat).
Claim 20, as best can be understood, is rejected under 35 U.S.C. 103 as being unpatentable over Pratt, as applied to claim 19 above, and further in view of Gerhart.
Regarding claim 20, Pratt (as applied to claim 19 above) is silent to wherein the zipper is provided at an inner side of the zipper with a covering strip of material, the covering strip provided as a layered strip comprising an intermediate layer comprising activated carbon, wherein the intermediate layer is free of contact with the zipper.
That said, Gerhart, in a related protective apparel art, is directed to a protective clothing article having a head covering in a form of a hood or balaclava (See Gerhart, Figs. 5A and 7; abstract). More specifically, Gerhart teaches wherein the zipper is provided at an inner side of the zipper with a covering strip of material, the covering strip provided as a layered strip comprising an intermediate layer comprising activated carbon, wherein the intermediate layer is free of contact with the zipper (See Gerhart, Figs. 5A and 7; zipper (10) is covered on an inner side by at least an underpassing flap formed from textile body material (2a) which includes an inner layer (2d) positioned intermediate layer (2c) and a wearer, layer (2d) comprising activated charcoal and being spaced from the zipper (10) by outer layer (2c); [0159], [0179]-[0180]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to use the layered zipper construction disclosed by Gerhart along the zippered opening of Pratt for a variety of reasons including for example, but not limited to, providing additional layers of protection at the zippered opening of the garment which are capable of absorbing chemical poisons and/or warfare agents (See Gerhart, [0159], [0179]-[0180]).
Response to Arguments
Applicant’s arguments, filed January 27, 2026, with respect to the rejection of the claims under 35 USC 102 and 103 have been fully considered but are moot in view of the new grounds of rejection, as Applicant’s arguments appear to be drawn only to the newly amended limitations and previously presented rejections. Applicant's arguments have been fully considered but they are not persuasive.
In response to Applicant’s argument that Gerhart and/or Rentsch do not teach a zipper that follows a closing path which passes along an edge of the hood over the head of the wearer to top edge of the zipper positioned in the chest section at the other one of left side and right side of the coat between a waistline of the coat and a clavicle of the wearer when wearing said coat with respect to claim 1, Examiner respectfully disagrees. As discussed in the rejection above, although Applicant notes that Figs. 1 and 2 of Rentsch do not explicitly illustrate the top end of the zipper, Examiner notes that the written description of Rentsch explicitly states that the zipper extends to the junction of the neck and right shoulder (See Rentsch, Col. 2, lines 59-68) which would be considered the chest section of Gerhart (See annotated Fig. 7 of Gerhart above). Examiner further notes that the pending claims do not require that the chest section be necessarily limited to a front of the garment.
In response to Applicant’s argument that Pratt does not teach a zipper having a second terminal end configured to be positioned below a clavicle of the wearer when wearing said coat, and the second terminal end being located in the at least one chest section between a waistline of the coat and the clavicle of the wearer when wearing said coat with respect to claim 19, Examiner respectfully disagrees. As discussed in the rejection above, the interface point (160) of Pratt is explicitly depicted as being positioned below at least a portion of the shoulder line of the wearer in Fig. 2. Examiner further notes that Applicant’s arguments are based on the hypothetical clavicle position of a hypothetical wearer of the coat which can vary from wearer to wearer depending on factors such as a particular wearer’s anatomy, skeletal structure, and/or posture. Therefore, the interface point (160) of Rentsch is found capable of being located below a hypothetical clavicle of a hypothetical wearer when worn.
In response to Applicant’s further argument that interpretation of interface point (160) of Pratt being located in the at least one chest section would require that fasteners (150a,b) would not connect the hood to the face-cover with respect to claim 19, Examiner again respectfully disagrees. As discussed in the rejection above and as seen in annotated Fig. 2 of Pratt (reproduced below), interface point (160) of Pratt is located at a meeting of the hood, face-cover, and chest section. Therefore, interface point (160) can be considered located in the chest section while also connecting the hood to the face cover at least at interface point (160) either directly or indirectly.
PNG
media_image1.png
427
500
media_image1.png
Greyscale
Annotated Fig. 2 of Pratt
In response to Applicant’s argument that Gerhart fails to disclose or otherwise suggest a zipper extending from below the face-cover to above the face-cover as recited in claim 18, Examiner notes that in the new grounds of rejection above, Gerhart is not relied upon for teaching this limitation. Instead, the claim is rejected by Gerhart in view of Rentsch and Froitzhem, wherein Rentsch is relied upon for teaching the newly amended limitation.
In response to Applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which Applicant relies (i.e., providing the possibility to the soldier wearing the CBRN coat to visually inspect the closure; the zipper not passing or ending near the opening on the face-cover and not causing a critical closing point at the circumference of the opening; the top edge of the zipper being in the field of view of the solder wearing the coat and gasmask; and allowing a visual inspection of the critical point of the closing by the soldier) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MARCHEWKA whose telephone number is (571) 272-4038. The examiner can normally be reached M-F: 9:00AM-5:00PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CLINTON T OSTRUP can be reached at (571) 272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MATTHEW R MARCHEWKA/Examiner, Art Unit 3732